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All Journal Jurnal Legalitas Ensiklopedia of Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan JURNAL ILMIAH ADVOKASI JURNAL USM LAW REVIEW Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Kanun: Jurnal Ilmu Hukum Amicus Curiae Binamulia Hukum
Gultom, Elfrida Ratnawati
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM TERHADAP MITRA USAHA DALAM KONTRAK ELEKTRONIK (E-CONTRACT) DENGAN GRAB MERCHANT Aprilia, Claressa; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2817

Abstract

Abstract: The legal protection cannot be separated from human rights based on legal provisions and other legal policies, hereby related to the context of electronic contracts that occur between business partners and business providers, namely Grab Merchant. With this statement, the author takes the main issue, whether legal protection is needed for business partners in electronic contracts (e-contracts) with Grab Merchant service providers. In this writing, a research approach method is used with a normative approach that is qualitative descriptive in which there are secondary data elements consisting of library materials and other literature. That hereby in an electronic contract (e-contract) the business partner is only asked to read and then sign the contract unilaterally if agreeing to the content of the contract without having the opportunity to change the contract or raise an objection because the contract is caused by a difference in the contract clause which can conclude the legal consequences for the business actor, in this case Grab Merchant.Keywords: Legal Protections, Business Pertners, E-Contract, Grab Merchant.
KETIDAKPATUHAN HUKUM OLEH PELAKU USAHA TERHADAP PEMBATASAN PERMODALAN ASING PADA SEKTOR APOTEK Shabrina, Ghina; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2822

Abstract

Abstract: This paper examines the legal non-compliance of business actors regarding foreign capital restrictions in the pharmacy sector. The investment regulations categorize the pharmacy business as a Micro, Small, and Medium Enterprise (MSME), thus limiting it to domestic capital. However, in reality, many business actors violate these provisions by involving foreign capital in their ownership structure. This study employs a normative legal approach, emphasizing the importance of ethical principles, justice, and legal compliance. The conclusion of this writing indicates that this non-compliance is influenced by a complex interaction between substance, structure, legal culture, and external factors. It is recommended that the government enforce the law firmly, enhance the socialization of regulations, and implement effective supervision to promote legal compliance and fair competition in the pharmacy sector. Additionally, an evaluation of investment regulations is necessary to support the growth of businesses in this sector.Keywords: Legal Compliance, Restrictions, Foreign Capital, Pharmacy
PENGGUNAAN NOMINE DALAM PASAR MODAL: ASPEK HUKUM DAN IMPLIKASI TERHADAP KEPASTIAN HUKUM BAGI INVESTOR Anggun, Rizku Fouriza; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2832

Abstract

Abstract: This study examines the practice of nominee agreements in Indonesia's capital market, which, while offering flexibility to foreign investors, poses significant legal risks for the involved parties. The analysis focuses on the potential legal impacts, implications for legal certainty, and transparency challenges arising from such agreements. Findings reveal that nominee arrangements often violate Article 33 of Law No. 25 of 2007, leading to nullification and detriment to beneficiaries who lack legal recognition. Additionally, the practice creates loopholes for tax evasion and money laundering, undermining market integrity. The study recommends strengthening regulations through technologies like blockchain, stricter law enforcement, and the adoption of beneficial ownership principles to enhance transparency. These reforms aim to make Indonesia's capital market more competitive, secure, and reliable on an international scale. This research serves as a vital reference for policy development and legal system improvement in capital market governance. Keywords: Capital Market, Investors, Nominee agreement
PENEGAKAN HUKUM PERETASAN SITUS WEBSITE OLEH SINDIKAT JUDI ONLINE Mansur, Habil Ma’ruf; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2825

Abstract

Abstract: In this paper, the author will examine legal issues regarding law enforcement against website hacking In this paper, the author will examine legal issues regarding law enforcement against website hacking committed by online gambling syndicates, where lately crimes related to website hacking are increasingly widespread, this is clearly seen from the many cases that continue to occur, hacking itself is included in cybercrime, In some cases that occur regarding hacking cases, it has not explained in detail about how the regulation, enforcement, legal consequences, obstacles, shortcomings and so on, so the author feels the need to discuss it all to then clarify how the enforcement of hacking crimes committed by online gambling syndicates. Here, the author uses a normative research method, which is a research method that uses norms or laws and regulations as its source. This kind of research is also known or called the library research method because it uses secondary data, namely laws, journals, books and so on and uses a normative juridical approach. Keywords: hacking, online gambling syndicates, law enforcement, website 
PENGUJIAN KEMBALI PUTUSAN PRAPERADILAN TENTANG SAH ATAU TIDAKNYA PENETAPAN TERSANGKA PUTUSAN NOMOR 1/Pid.Prap/2022/PN Sos Kolono, Sucipto; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2835

Abstract

This research focuses on examination or testing and public judgment, because examination aims to encourage law enforcers, such as judges and prosecutors to uphold the law based on good judgment, the research used is normative, through secondary data such as laws and regulations, court decisions, expert opinions and legal norms. So the author is interested in examining Pretrial Decision Number 1/Pid./2022/PN Sos at the Soasio District Court of Tidore Islands, North Maluku, this case involves Ailen Goeslaw, as Head of the Youth and Sports Office (KADISPORA), to see if it is in accordance with the legal process in Pretrial regarding the Determination of Suspects, at that time suspected of committing Corruption Crime related to the Construction of the Maba City Stadium, East Halmahera, North Maluku. Ailen Goeslaw was named as a suspect by the East Halmahera District Attorney's Office because it was deemed sufficient to fulfill two pieces of evidence related to the State financial losses incurred. Through his attorney, Ailen Goeslaw then filed a pretrial to test whether the determination as a suspect was in accordance with legal procedures. However, the judge of the Soasio District Court, Tidore Islands, North Maluku. Decided that the determination of the suspect was in accordance with legal procedures,Keyword: .Public examination, Preterial, Suspect determination, .coruption
COMPARATIVE ANALYSIS OF STEVEDORING LABOR PERFORMANCE IN THE SEA TOLL PROGRAM: INSIGHTS FROM INDONESIA AND THE PHILIPPINES Gultom, Elfrida Ratnawati; Arsawan, I Gede Yudi; Begishev, Ildar
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.45149

Abstract

This study conducts a comparative analysis of stevedoring labor performance within the Sea Toll program in Indonesia and the Philippines, focusing on efficiency, technology, and worker welfare. It aims to identify the key factors influencing the effectiveness of stevedoring labor in both countries. Employing a normative legal method alongside a comparative study approach, the findings indicate that the performance of stevedoring labor in the Philippines is superior to that in Indonesia, particularly regarding work efficiency, technological implementation, and worker welfare. The Philippines has successfully established a skills certification system through the Technical Education and Skills Development Authority (TESDA), implemented port automation systems such as the Cargo Handling Management System (CHMS) and the Port Community System (PCS), and ensured labor protection in accordance with the Philippine Labor Code and the Occupational Safety and Health Standards (OSHS) Act. In contrast, Indonesia faces significant challenges, including difficulties in implementing skill standards, inadequate port infrastructure, and limited social protection for workers, despite existing regulations such as Law Number 17 of 2008 on Shipping and the Minister of Manpower Decree Number 100 of 2004. Key determinants of stevedoring labor effectiveness include labor regulations, technological availability, training systems, welfare, and work culture. The Philippines has demonstrated greater success in integrating these factors into its operational framework. Therefore, Indonesia could benefit from adopting the Philippines' robust regulatory framework, skills certification system, automation technology, and enhanced worker welfare protections.
Tenaga Kerja Bongkar Muat Pasca Pemberlakuan Asas Cabotage di Indonesia Gultom, Elfrida Ratnawati; Nurbaiti, Siti
JURNAL USM LAW REVIEW Vol. 5 No. 2 (2022): NOVEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v5i2.5788

Abstract

The purpose of this writing is to discuss TKBM work opportunities in ports after the implementation of the Cabotage principle in Indonesia, because of its important role in the sea transportation process and is needed by the port community as a tool for loading and unloading goods on ships, and/or offshore activities in Indonesian sea waters. as well as other activities. The process of loading and unloading of goods on board is carried out by the Loading and Cabotage Workforce is a principle that enforces a rule that foreign ships are prohibited from loading and unloading goods in Indonesian waters, the aim is to empower national shipping. The performance of TKBM after the application of the Cabotage principle is discussed in this study which uses a conceptual framework supported by secondary data as library material and is analyzed descriptively. The results of the study show that after the implementation of the cabotage principle, the number of Indonesian ships continues to increase until 2022 is recorded at 33,000, because this principle prohibits foreign ships from transporting goods and passengers in Indonesian waters, except for ships with red and white flags only, and with the enactment of the principle In fact, the performance of TKBM in Indonesian Ports is getting higher.  Tujuan penulisan ini membahas tentang peluang kerja tenaga kerja bongkar muat (TKBM) di pelabuhan setelah diberlakukannya asas Cabotage di Indonesia, karena perannya yang penting dalam proses pengangkutan laut dan dibutuhkan oleh masyarakat Pelabuhan sebagai alat pembantu kegiatan bongkar muat barang di kapal, dan/atau kegiatan lepas pantai di perairan laut Indonesia serta kegiatan lain. Asas Proses bongkar dan muat barang di atas kapal dilakukan oleh tenaga kerja bongkar muat dan Cabotage merupakan   asas yang memberlakukan suatu aturan bahwa kapal asing dilarang untuk bongkar muat barang di perairan Indonesia, tujuannya untuk memberdayakan pelayaran nasional. Bagaimana kinerja TKBM pasca diberlakukannya asas Cabotage adalah bahasan dalam penelitian ini yang menggunakan kerangka konsep didukung data sekunder sebagai bahan pustaka dan dianalisis secara deskriptif. Hasil penelitian menunjukkan, bahwa setelah diberlakukannya asas Cabotage, jumlah kapal Indonesia terus bertambah hingga tahun 2022 tercatat sebanyak 33.000 an, dikarenakan asas ini melarang kapal asing untuk mengangkut barang dan penumpang di perairan Indonesia, kecuali kapal yang berbendera merah putih saja, dan dengan diberlakukannya asas ini, justru kinerja TKBM di Pelabuhan Indonesia semakin tinggi.              
Diagnosis Of Nickel Industry Downstreaming Policy In Export Restriction Towards Increasing Economic Added Value In Indonesia Farawansa, Syukron Mahal; Gultom, Elfrida Ratnawati
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i1.19688

Abstract

The phrase “control nickel, control the world” is often used when discussing Indonesia's critical role in the global nickel market. In January 2020, President Jokowi's administration temporarily banned nickel ore exports, as outlined in the Minister of Energy and Mineral Resources Regulation Number 11 of 2019. This study aims to diagnose whether the downstream policy of the nickel mining industry can provide an increase in economic added value in Indonesia The type of research used by the author is normative legal research. Results, The export ban is not intended to hamper trade, but to utilize nickel resources for the country's prosperity through the domestic processing chain. The nickel ore export ban is intended to meet the raw material needs of Indonesian smelters. The ban policy cannot be delayed because mineral resources, especially nickel, are exhausted and non-renewable. With the enactment of Minister of Energy and Mineral Resources Regulation No. 11/2019, there are contradictions in its implementation, especially for foreign investors. This is because the selling price of nickel from Indonesia will automatically be higher than before. However, the implementation of this regulation will not only affect the pace of investment in Indonesia. The Indonesian government has also opened the possibility by offering ease of licensing as mentioned above. Currently, Indonesia needs funds for the construction of smelters (refineries), the construction of its power plants which are the main drivers of nickel processing machines, as well as the training of experts and human resources to do nickel processing properly. Of course, you need a lot of money. In order to accelerate the economy and development, the government has the right to mandate all Indonesian mining companies to prohibit the processing of mining products and the export of raw materials, boost international market prices and boost foreign exchange through increased mining. take action. New renewable energy of the future.
INFRINGEMENT OF FAMOUS BRAND RIGHTS IN E-COMMERCE ON TOKOPEDIA Kristiani, Verlia; Gultom, Elfrida Ratnawati
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4202

Abstract

Well-known brand rights abuses are a common problem in the business world. One form of improvement in business. Which is where the brand is. In addition, the brand provides a sign to distinguish the services and products that one company has toward other company products and to add to the value that company products have good qualities. However, the popularity of popular brands is often exploited by some businesses that sell their product by passing it off through a further electronic trading platform called e-commerce. Next up are several e-commerce platforms which are no shoppee, lazada, pedia. As for the positive laws governing the enforcement of intellectual property rights in the electronic trade as stated in the 2008 bill no. 11 on information and electronic transactions that were then amended into act no.19 in 2016. In practice one of Daniel wallington's handwritten brands was developed by several adpeds. Thus, the author has the research objective of knowing the application of the law to the perpetrator of the famous brand Daniel Wellington offense in e-commerce on the software platform. Then the study is done with a normative type of legal research with a descriptive approach. Describe something that happened and how it worked out.Keywords: Infringement, Marks, E-Commece
Quo Vadis Kebijakan Pemerintah Terhadap Legalitas Keberadaan Investasi Robot Trading (Expert Advisor) dikaji menggunakan Teori Hukum dan Pembangunan Tungmiharja, Wilson; Gultom, Elfrida Ratnawati
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3212

Abstract

The purpose of writing this journal is to analyze and understand government policies regarding the legality of trading robots. The development of the times has provided many advances in both the technological and economic fields, technological advances have provided openness to trade in both goods and services. Forex trading is a business activity that offers high profits accompanied by high risks, where individuals must monitor and study the movements of the money market without stopping to make transactions. The existence of trading robots makes it easy to do forex trading due to automation to save time and does not require in-depth understanding of forex trading. The existence of trading robots provides an opportunity for criminal acts to occur in the forex field, one of which is the existence of Illegal Trading Robots which results in losses for users. One of them is the fraudulent investment case of Net 89, which has a trading robot mode, which uses a permit to sell e-books in carrying out trading activities based on trading robots. This problem has resulted in an urgency that can be seen from the enactment of BAPPEBTI Regulation Number 12 of 2022 as a step to regulate the existence of trading robots.
Co-Authors Ahmad Fatoni Akbar, Kemas Ilham Anggun, Rizku Fouriza Aprilia, Claressa Begishev, Ildar Dhany Rahmawan Farawansa, Syukron Mahal Firdaus, Zainudin Herawati, Tanti Herriyanto, Fajar I Gede Yudi Arsawan Indirahati, Novina Sri Kolono, Sucipto Kristiani, Verlia Mansur, Habil Ma’ruf Mendrofa, Idaman Jaya Morinka, Kara Nurmayana, Suri Rahman, Garry Triargo Randhy, Muhammad Refra, Dirar Mahdirman Shabrina, Ghina Simona Bustani, Simona Siti Nurbaiti Sofia Sofia, Sofia Therik, Danish Ferdie Tungmiharja, Wilson